With the first auction going off without a hitch and six more planned along the way, more of Imperial Pacific International CNMI LLC\u2019s creditors are lining up to join the District Court-ordered receivership that was initially granted for USA Fanter Corp. LTD., but has now been assumed by former IPI employees and a handful of IPI\u2019s\u2019 other creditors.<\/p>\n
Joshua Gray, who is suing IPI in the U.S. District Court for the NMI for wrongful termination, wrongful failure to hire, and intentional infliction of emotional distress, has filed a motion to participate in the limited receivership that is currently being carried out by Clear Management Ltd.<\/p>\n
Gray, who previously asked that the court to grant him an over $20-million default judgment in his lawsuit against IPI, had asked the court to allow him to participate in the receivership back in October, but IPI opposed the motion and Gray has yet to file a response.<\/p>\n
Now Gray, through his lawyer, Aaron Halegua, is asking the court to extend the time he is allowed to reply until Dec. 12, 2022.<\/p>\n
\u201cThe next auction sale by the limited receiver is not scheduled until Dec. 9, 2022, and there are several sales scheduled thereafter. Therefore, the extension of time should not cause any disruption to that process,\u201d Gray stated through his lawyer.<\/p>\n
The motion further explained that Gray\u2019s attorney has other obligations and needs additional time to file a response to IPI\u2019s opposition.<\/p>\n
\u201cGray\u2019s counsel also has several other obligations in the coming days, including that one co-counsel is leaving Saipan, and thus an extension of time is needed to adequately prepare the reply brief. Gray has not previously requested any extension of time for this brief, and the extension will not impact any other deadlines,\u201d Halegua said.<\/p>\n
U.S. District Court for the NMI Chief Judge Ramona Manglona has since granted the extension.<\/p>\n
Meanwhile, during a confirmation hearing last week to confirm the sales generated from the Oct. 7 auction, the Commonwealth, through attorney Dustin Rollins, also made a verbal motion to participate in the limited receivership over an unsatisfied judgment of over $9 million.<\/p>\n
Manglona addressed the Commonwealth\u2019s motion and heard Rollins\u2019 arguments that the CNMI intends to pursue its rights regarding tax liens.<\/p>\n
IPI did not oppose the CNMI\u2019s motion to participate but requested to reserve the right to object.<\/p>\n
In addition, Clear Management, through its attorney, Michael White, has informed the court that aside from the creditors who assumed the receivership and the creditors seeking to participate in the receivership, IPI has yet to satisfy court judgments for 21 other creditors in both federal and local court.<\/p>\n
The creditors include:<\/p>\n
\u2022 Sardini Group Inc., who has an outstanding $1,901,307 claim against IPI. They have also notified the court of their intent to participate in the receivership.<\/p>\n
\u2022 Art Man Environmental Corp. has a claim against IPI on a construction contract in the amount of $83,555.78. Art Man has notified the federal court of its intent to participate in the receivership.<\/p>\n
\u2022 Winzy Corp. has a claim against IPI in the amount of $179,217.50. They too want to partake in the receivership.<\/p>\n
\u2022 J.M. Aquino, P.C. has a claim against IPI for engineering services in the amount of $190,648. J.M. Aquino has notified the federal court of its intent to participate in the receivership.<\/p>\n
\u2022 Tang\u2019s Corp. has a claim against IPI in the amount of $331,023.52. Tang\u2019s Corp. has notified the court of its intent to participate in the receivership.<\/p>\n
\u2022 Zhen\u2019s Corp. has a claim against IPI for unpaid meals in the amount of $10,202.95. Zhen Corp. notified the federal court of its intent to participate in the receivership.<\/p>\n
\u2022 Yantze Corp. has a claim against IPI in the amount of $248,000 and has also notified the federal court of its intent to participate in the receivership.<\/p>\n
\u2022 RC LLC has a claim against IPI for manpower services in the amount of $69,722.25 and intends to participate in the receivership.<\/p>\n
\u2022 Yu\u2019s LLC. has a claim against IPI in the amount of $38,512. The plaintiff has notified the federal court of its intent to participate in the receivership.<\/p>\n
\u2022 Ping Shun Corp. has a claim against IPI for food services in the amount of $443,900.50.<\/p>\n
\u2022 Former IPI CEO Donald R.\u00a0 Browne has sued IPI for unpaid wages in the amount of $110,210.62.<\/p>\n
\u2022 Donny Vince Seman Fejeran has a claim against IPI for negligence, based upon the alleged failure of a scaffolding erected outside IPI\u2019s building.<\/p>\n
\u2022 Kan Pacific Saipan Ltd. has a claim against IPI for breach of a 2016 settlement agreement in the amount of $4,490,000 plus attorney\u2019s fees and costs.<\/p>\n
\u2022 The law office of Michael W. Dotts LLC has a claim against IPI for breach of contract for professional services in the amount of $425,764.44.<\/p>\n
\u2022 \u00d6zcan Gen\u00e7 has two claims against IPI.<\/p>\n
\u2022 Angel Playing Cards has a claim against IPI for the balance due on the purchase of playing cards in the amount of $68,000.<\/p>\n
\u2022 Atkins Kroll Saipan has sued IPI for unpaid vehicle rentals in the amount of $78,403. A notice of intent to participate in the receivership has been filed by Atkins Kroll with the federal court.<\/p>\n
\u2022 Ecolab Guam LLC has a claim against IPI for unpaid merchandise purchases in the amount of $17,629.84. The plaintiff has filed a notice of intent to participate in the receivership.<\/p>\n
\u2022 G4S Security Services (CNMI) has a claim against IPI for unpaid security services in the amount of $11,700.23. G4S has filed a notice of intent to participate in the receivership.<\/p>\n","protected":false},"excerpt":{"rendered":"
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